The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6809--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2021
                                ___________
 
 Introduced  by  Sens.  REICHLIN-MELNICK,  BIAGGI, BORRELLO, GOUNARDES --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Finance -- recommitted to the Committee on Finance in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the state finance law and the education law, in relation
   to restoring oversight of certain contracts by the comptroller; and to
   repeal certain provisions of the education law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 2 of section 112 of the  state
 finance  law,  as amended by chapter 257 of the laws of 2021, is amended
 to read as follows:
   (a) Before any contract made for or by any state  agency,  department,
 board, officer, commission, or institution, except the office of general
 services  or  its  customer  agencies  serviced by the office of general
 services business services center, shall be executed  or  become  effec-
 tive,  whenever  such  contract exceeds fifty thousand dollars in amount
 and before any contract made for or by the office of  general  services,
 whether  for  itself or for its customer agencies serviced by the office
 of general services business  services  center,  shall  be  executed  or
 become  effective,  whenever  such contract exceeds eighty-five thousand
 dollars in amount, it shall first be approved  by  the  comptroller  and
 filed in his or her office[, with the exception of contracts established
 as  a  centralized  contract  through the office of general services and
 purchase orders or other  procurement  transactions  issued  under  such
 centralized  contracts.  The].  PROVIDED,  HOWEVER, THAT THE comptroller
 shall make a final written determination with  respect  to  approval  of
 such  contract  within ninety days of the submission of such contract to
 his or her office unless the comptroller shall notify, in  writing,  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11386-04-2

 S. 6809--A                          2
 
 state  agency,  department,  board, officer, commission, or institution,
 prior to the expiration of the ninety day period, and for good cause, of
 the need for an extension of not more than fifteen days, or a reasonable
 period  of time agreed to by such state agency, department, board, offi-
 cer, commission, or institution and provided, further, that such written
 determination or extension shall be made part of the procurement  record
 pursuant  to  paragraph  f  of  subdivision  one  of section one hundred
 sixty-three of this chapter.
   § 2. Subdivision 5 of section 355 of the education law is REPEALED and
 a new subdivision 5 is added to read as follows:
   5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO  OF  SECTION  ONE
 HUNDRED  TWELVE AND SECTIONS ONE HUNDRED FIFTEEN, ONE HUNDRED SIXTY-ONE,
 AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND  SECTION  THREE
 OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW OR ANY OTHER LAW
 TO  THE  CONTRARY,  THE  STATE  UNIVERSITY  TRUSTEES  ARE AUTHORIZED AND
 EMPOWERED TO:
   A.  (I)  PURCHASE  MATERIALS,   PROPRIETARY   ELECTRONIC   INFORMATION
 RESOURCES  INCLUDING  BUT  NOT  LIMITED  TO  ACADEMIC, PROFESSIONAL, AND
 INDUSTRY JOURNALS, REFERENCE HANDBOOKS AND  MANUALS,  RESEARCH  TRACKING
 TOOLS,  INDEXES AND ABSTRACTS EQUIPMENT AND SUPPLIES, INCLUDING COMPUTER
 EQUIPMENT AND MOTOR VEHICLES, WHERE THE AMOUNT  FOR  A  SINGLE  PURCHASE
 DOES  NOT  EXCEED  FIFTY  THOUSAND  DOLLARS,  (II) EXECUTE CONTRACTS FOR
 SERVICES AND CONSTRUCTION CONTRACTS TO AN  AMOUNT  NOT  EXCEEDING  FIFTY
 THOUSAND  DOLLARS,  AND  (III)  CONTRACT  FOR  PRINTING TO AN AMOUNT NOT
 EXCEEDING FIFTY THOUSAND DOLLARS, WITHOUT PRIOR APPROVAL  BY  ANY  OTHER
 STATE  OFFICER  OR  AGENCY,  BUT SUBJECT TO RULES AND REGULATIONS OF THE
 STATE COMPTROLLER NOT OTHERWISE INCONSISTENT WITH THE PROVISIONS OF THIS
 SECTION AND IN ACCORDANCE WITH THE GUIDELINES PROMULGATED BY  THE  STATE
 UNIVERSITY  BOARD  OF  TRUSTEES  AFTER CONSULTATION WITH THE STATE COMP-
 TROLLER. IN ADDITION, THE TRUSTEES, AFTER CONSULTATION WITH THE  COMMIS-
 SIONER  OF  GENERAL  SERVICES, ARE AUTHORIZED TO ANNUALLY NEGOTIATE WITH
 THE STATE COMPTROLLER INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS  AND
 THE  EXEMPTION  OF  ANY  ARTICLES,  CATEGORIES OF ARTICLES, SERVICES, OR
 COMMODITIES FROM THESE LIMITS;
   B. ESTABLISH CASH ADVANCE ACCOUNTS FOR THE PURPOSE OF PURCHASING MATE-
 RIALS, SUPPLIES, OR SERVICES, FOR CASH ADVANCES FOR TRAVEL EXPENSES  AND
 PER  DIEM  ALLOWANCES,  OR  FOR ADVANCE PAYMENT OF WAGES AND SALARY. THE
 ACCOUNT MAY BE USED TO PURCHASE SUCH MATERIALS,  SUPPLIES,  OR  SERVICES
 WHERE  THE  AMOUNT  OF  A  SINGLE  PURCHASE DOES NOT EXCEED ONE THOUSAND
 DOLLARS, IN ACCORDANCE WITH SUCH GUIDELINES AS SHALL  BE  PRESCRIBED  BY
 THE  STATE  UNIVERSITY  TRUSTEES AFTER CONSULTATION WITH THE STATE COMP-
 TROLLER;
   C. ESTABLISH GUIDELINES  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
 GENERAL  SERVICES  AUTHORIZING  PARTICIPATION BY THE STATE UNIVERSITY IN
 PROGRAMS ADMINISTERED BY THE OFFICE OF GENERAL SERVICES FOR THE PURCHASE
 OF AVAILABLE NEW YORK STATE FOOD PRODUCTS. THE COMMISSIONER  OF  GENERAL
 SERVICES  SHALL  PROVIDE ASSISTANCE TO THE STATE UNIVERSITY NECESSARY TO
 ENABLE THE UNIVERSITY TO PARTICIPATE IN THESE PROGRAMS; AND
   D. AWARD CONTRACT EXTENSIONS FOR CAMPUS TRANSPORTATION WITHOUT COMPET-
 ITIVE BIDDING WHERE SUCH CONTRACTS WERE SECURED EITHER  THROUGH  COMPET-
 ITIVE BIDDING OR THROUGH EVALUATION OF PROPOSALS HOWEVER SUCH EXTENSIONS
 MAY  BE  REJECTED IF THE AMOUNT TO BE PAID TO THE CONTRACTOR IN ANY YEAR
 OF SUCH PROPOSED EXTENSION FAILS TO REFLECT ANY DECREASE IN THE REGIONAL
 CONSUMER PRICE INDEX FOR THE NEW YORK, NEW YORK-NORTHEASTERN, NEW JERSEY
 AREA, BASED UPON THE  CONSUMER  PRICE  INDEX  FOR  ALL  URBAN  CONSUMERS
 (CPI-U)  DURING  THE  PRECEDING  TWELVE-MONTH PERIOD. AT THE TIME OF ANY
 S. 6809--A                          3
 
 CONTRACT EXTENSION, CONSIDERATION SHALL  BE  GIVEN  TO  ANY  COMPETITIVE
 PROPOSAL OFFERED BY A PUBLIC TRANSPORTATION AGENCY. SUCH CONTRACT MAY BE
 INCREASED  FOR  EACH  YEAR OF THE CONTRACT EXTENSION BY AN AMOUNT NOT TO
 EXCEED  THE REGIONAL CONSUMER PRICE INDEX INCREASE FOR THE NEW YORK, NEW
 YORK-NORTHEASTERN, NEW JERSEY AREA, BASED UPON THE CONSUMER PRICE  INDEX
 FOR ALL URBAN CONSUMERS (CPI-U), DURING THE PRECEDING TWELVE-MONTH PERI-
 OD,  PROVIDED  IT  HAS BEEN SATISFACTORILY ESTABLISHED BY THE CONTRACTOR
 THAT THERE HAS BEEN AT LEAST AN EQUIVALENT INCREASE IN THE AMOUNT OF HIS
 COST OF OPERATION, DURING THE PERIOD OF THE CONTRACT.
   GUIDELINES PROMULGATED BY  THE  STATE  UNIVERSITY  BOARD  OF  TRUSTEES
 SHALL,  TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE
 SOLICITED FOR PURCHASES, AND SHALL INCLUDE REQUIREMENTS  THAT  PURCHASES
 AND  CONTRACTS  AUTHORIZED UNDER THIS SECTION BE AT THE LOWEST AVAILABLE
 PRICE, INCLUDING CONSIDERATION OF PRICES AVAILABLE THROUGH  OTHER  STATE
 AGENCIES, CONSISTENT WITH QUALITY REQUIREMENTS, AND AS WILL BEST PROMOTE
 THE  PUBLIC  INTEREST.  SUCH  PURCHASES  MAY  BE  MADE DIRECTLY FROM ANY
 CONTRACTOR PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE OFFICE OF
 GENERAL SERVICES OR ANY OTHER STATE AGENCY.
   § 3. Subdivision 6 of section 355 of the education law is REPEALED and
 a new subdivision 6 is added to read as follows:
   6. TO ENTER INTO ANY CONTRACT OR AGREEMENT DEEMED NECESSARY OR  ADVIS-
 ABLE AFTER CONSULTATION WITH APPROPRIATE STATE AGENCIES FOR CARRYING OUT
 THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY WITHOUT PRIOR REVIEW OR
 APPROVAL BY ANY STATE OFFICER OR AGENCY OTHER THAN THE STATE COMPTROLLER
 AND  THE  ATTORNEY  GENERAL  INCLUDING  CONTRACTS WITH NON-PROFIT CORPO-
 RATIONS ORGANIZED BY OFFICERS, EMPLOYEES,  ALUMNI  OR  STUDENTS  OF  THE
 STATE  UNIVERSITY  FOR  THE  FURTHERANCE  OF  ITS  OBJECTS AND PURPOSES.
 CONTRACTS OR AGREEMENTS ENTERED INTO  WITH  THE  FEDERAL  GOVERNMENT  TO
 ENABLE PARTICIPATION IN FEDERAL STUDENT LOAN PROGRAMS, INCLUDING ANY AND
 ALL  INSTRUMENTS  REQUIRED  THEREUNDER,  SHALL  NOT  BE  SUBJECT  TO THE
 REQUIREMENTS OF SECTION FORTY-ONE OF THE STATE  FINANCE  LAW;  PROVIDED,
 HOWEVER,  THAT  THE  STATE  SHALL  NOT  BE LIABLE FOR ANY PORTION OF ANY
 DEFAULTS WHICH IT HAS AGREED TO ASSUME PURSUANT TO ANY SUCH AGREEMENT IN
 AN AMOUNT IN EXCESS OF MONEY APPROPRIATED OR OTHERWISE  LAWFULLY  AVAIL-
 ABLE THEREFOR AT THE TIME THE LIABILITY FOR PAYMENT ARISES.
   § 4. Paragraph b of subdivision 16 of section 355 of the education law
 is REPEALED and a new paragraph b is added to read as follows:
   B.  (I)  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION TWO OF SECTION
 ONE HUNDRED TWELVE OF THE STATE  FINANCE  LAW  RELATING  TO  THE  DOLLAR
 THRESHOLD REQUIRING THE COMPTROLLER'S APPROVAL OF CONTRACTS AND SUBDIVI-
 SION  SIX  OF  SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
 AUTHORIZE CONTRACTS FOR THE PURCHASE OF GOODS  AND  SERVICES  FOR  STATE
 UNIVERSITY HEALTH CARE FACILITIES:
   (A)  FOR  ANY  CONTRACT  WHICH  DOES  NOT EXCEED SEVENTY-FIVE THOUSAND
 DOLLARS; OR
   (B) FOR JOINT OR GROUP PURCHASING ARRANGEMENTS  WHICH  DO  NOT  EXCEED
 SEVENTY-FIVE  THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY OTHER STATE
 OFFICER OR AGENCY IN ACCORDANCE WITH PROCEDURES AND  REQUIREMENTS  FOUND
 IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION.
   (II)  CONTRACTS AUTHORIZED HEREUNDER SHALL BE SUBJECT TO ARTICLE FOUR-
 TEEN OF THE CIVIL SERVICE LAW AND THE APPLICABLE  PROVISIONS  OF  AGREE-
 MENTS  BETWEEN  THE STATE AND EMPLOYEE ORGANIZATIONS PURSUANT TO ARTICLE
 FOURTEEN OF THE CIVIL SERVICE LAW. THE TRUSTEES ARE AUTHORIZED TO  NEGO-
 TIATE  ANNUALLY  WITH  THE  STATE COMPTROLLER INCREASES IN THE AFOREMEN-
 TIONED DOLLAR LIMITS.
 S. 6809--A                          4
 
   § 5. Subdivision 12 of section 373 of the education  law  is  REPEALED
 and a new subdivision 12 is added to read as follows:
   12.  TO  MAKE  AND  EXECUTE CONTRACTS, LEASE AGREEMENTS, AND ALL OTHER
 INSTRUMENTS NECESSARY OR CONVENIENT FOR THE EXERCISE  OF  ITS  CORPORATE
 POWERS AND THE FULFILLMENT OF ITS CORPORATE PURPOSES UNDER THIS ARTICLE;
   §  6.  Subdivision  a of section 6218 of the education law is REPEALED
 and a new subdivision a is added to read as follows:
   A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO  OF  SECTION  ONE
 HUNDRED  TWELVE  AND SECTIONS ONE HUNDRED FIFTEEN, ONE HUNDRED SIXTY-ONE
 AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND  SECTION  THREE
 OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW OR ANY OTHER LAW
 TO  THE  CONTRARY,  THE  CITY  UNIVERSITY  TRUSTEES  ARE  AUTHORIZED AND
 EMPOWERED TO:
   (I) PURCHASE MATERIALS; PROPRIETARY ELECTRONIC INFORMATION  RESOURCES,
 INCLUDING, BUT NOT LIMITED TO, ACADEMIC, PROFESSIONAL AND INDUSTRY JOUR-
 NALS,  REFERENCE HANDBOOKS AND MANUALS, RESEARCH TRACKING TOOLS, INDEXES
 AND ABSTRACTS; AND EQUIPMENT AND SUPPLIES, INCLUDING COMPUTER  EQUIPMENT
 AND  MOTOR  VEHICLES,  WHERE  THE  AMOUNT FOR A SINGLE PURCHASE DOES NOT
 EXCEED FIFTY THOUSAND DOLLARS, (II) EXECUTE CONTRACTS FOR SERVICES TO AN
 AMOUNT NOT EXCEEDING FIFTY THOUSAND  DOLLARS,  AND  (III)  CONTRACT  FOR
 PRINTING  TO  AN  AMOUNT  NOT  EXCEEDING FIFTY THOUSAND DOLLARS, WITHOUT
 PRIOR APPROVAL BY ANY OTHER STATE OFFICER  OR  AGENCY,  BUT  SUBJECT  TO
 RULES  AND REGULATIONS OF THE STATE COMPTROLLER NOT OTHERWISE INCONSIST-
 ENT WITH THE PROVISIONS OF THIS  SECTION  AND  IN  ACCORDANCE  WITH  THE
 GUIDELINES  PROMULGATED  BY  THE CITY UNIVERSITY BOARD OF TRUSTEES AFTER
 CONSULTATION WITH THE STATE COMPTROLLER. IN ADDITION, THE  TRUSTEES  ARE
 AUTHORIZED TO ANNUALLY NEGOTIATE WITH THE STATE COMPTROLLER INCREASES IN
 THE  AFOREMENTIONED  DOLLAR  LIMITS  AND  THE EXEMPTION OF ANY ARTICLES,
 CATEGORIES OF ARTICLES, SERVICES,  OR  COMMODITIES  FROM  THESE  LIMITS.
 GUIDELINES  PROMULGATED  BY THE CITY UNIVERSITY BOARD OF TRUSTEES SHALL,
 TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE  SOLIC-
 ITED  FOR  PURCHASES,  AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES AND
 CONTRACTS AUTHORIZED UNDER THIS  SECTION  BE  AT  THE  LOWEST  AVAILABLE
 PRICE.
   § 7. Subdivision a-1 of section 6218 of the education law is REPEALED.
   § 8. Section 6283 of the education law is REPEALED.
   § 9. This act shall take effect immediately.